CC Resolution 9829
RESOLUTION NO. 9829
BEING A RESOLUTION OF THE CITY COUNCIL OF T
CITY OF CAMPBELL AMENDING A PL G
COMMISSION APPROVAL FOR THE MODIFICATI N
(PLN2000-l59) TO A PREVIOUSLY-APPROV D
CONDITIONAL USE PERMIT TO ALLOW T E
INST ALLA TION OF NEW PLAYGROUND EQUIPMENT IN
CONJUNCTION WITH A SCHOOL ON PROPER Y
LOCATED AT 531 W. RINCON AVENUE IN A
P-F (PUBLIC FACILITIES) ZONING DISTRICT. APPE S
BY ROBERT PIIRAINEN AND SUSAN HUBBARD. FILE O.
PLN2000-159.
WHEREAS, after notification and public hearing, as specific by law, and aft r presentation by
the Community Development Director, proponents and opponents, the hearing as closed.
WHEREAS, after due consideration of all evidence presented, the City C uncil did find as
follows with respect to application PLN 2000-159:
1. The installation and use of new modular playground equipment and the ere tion of a baseball
/ soccer field as proposed is not consistent with the existing church and s hool uses on the
property.
2. The playground area has successfully existed in its current location on th school site since
the issuance of the original use permit for the school in 1963. At that ti e the playground
consisted of 5 pieces of individual equipment that were located closer to the lacktop area and
further away from the townhouses. In the summer of 2000, the school inst led new modular
equipment that was larger, more involved, covered more of the site, and 10 ated closer to the
townhouse development.
3. In August, 2000 Staff began receiving complaints from the neighbors r garding the new
equipment. Since the installation of the new playground equipment, th location of the
playground has become a problem for some adjacent property owners' the townhouse
development.
4. The location of the play field was noted on the original site plan and appro ed as a play field
as part of the original use permit for the school in 1963. However, the spec'fic designation as
a baseball / soccer field was not noted on the original plan.
S. The playground equipment, as currently situated, impacts the adj cent townhouse
development and the City supports removing and relocating part of the equ' ment in order to
minimize this impact.
6. Relocating the largest, nearest and most intrusive part of the equipment s that impacts are
minimized will aid in addressing neighbors' noise and privacy concerns.
Based on the foregoing findings of fact, the City Council further finds and conc udes that:
1. The installation of new playground equipment and the creation of a ball fi Id as proposed at
this site will be detrimental to the public health, safety, peace, morals, c mfort or general
welfare of persons residing or working in the neighborhood of such propos d use, and will be
detrimental or injurious to property and improvements in the neighborhoo or to the general
welfare of the City, as long as the equipment is situated to adversel impact adjacent
residential properties.
2. The proposed site is not adequate in size and shape to accommodate the e isting playground
equipment as well as a functional baseball / soccer field and cannot inte te said uses with
uses in the surrounding area.
3. The proposed uses are not compatible with the uses in the area.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL 0 THE CITY OF
CAMPBELL THAT THE CONDITIONS OF APPROVAL BE MO IFIED AS SET
FORTH BELOW:
The applicant is hereby notified, as part of this application, that he/she is re uired to meet the
following conditions in accordance with the ordinance of the City of Campb 1 and the State of
California. The lead department with which the applicant will work is i entified on each
condition where necessary. Additionally, the applicant is hereby notified that he/she is required
to comply with all applicable Codes or Ordinances of the City of Campbel and the State of
California that pertain to this development and are not herein specified.
The original Use Permit for this site (UP 63-05) was issued in 1963. Th approval of this
resolution is supplementary to the Conditions of Approval of the original application. Any
future changes to this property shall require another modification to the Use Pe it.
COMMUNITY DEVELOPMENT DEPARTMENT
1. Site Confieuration:
A. Within 30 days of final project approval, the applicant shall re ove the part of the
structure that is illustrated in the attached exhibit. The bl e slide and steps
leading to it may be re-installed on the north side ofthe hexago landing.
2. Use And Operation:
A. The area designated "playfield" on the original site plan from 963 can continue
to be used as a sports playfield.
B. No bleachers shall be installed for the sports playfield.
C. No audio amplification of any kind shall be allowed in conjunct on with the use of
the sports playfield.
D. Use of both the playground and the sports playfield on weekni ts after 5:00 p.m.
is prohibited.
3. Conditions of Approval: Failure to abide by the terms of these conditi ns shall nullify
the approval.
PASSED AND ADOPTED this 20thdayof March
vote:
,2001, by the fi llowing role call
AYES: COUNCILMEMBERS: Furtado, Kennedy, Watson, Dea
NOES: COUNCILMEMBERS: Burr
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
ATTEST:
tl~~
AIme Bybee, City Clerk
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